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Search Results for: Road Traffic Act 1930 12
McCrone v Riding: 1938
The defendant had been acquitted of careless driving after the magistrates held that he was ‘exercising oll the skill and attention to be expected from a peson with his short experience’ Held: The justices were in error. The basic standard expected of a new driver was the same as that expected of any driver with … Continue reading McCrone v Riding: 1938
Churchill Insurance v Charlton: CA 2 Feb 2001
The victim of an unlawful act of a driver off-road sought damages from another driver and his insurers. The insurers refused to pay. Held: There is a balance to be found between the statutory purpose of compulsory motor insurance and the principal that a man should not benefit from his own wrongful act. The victim … Continue reading Churchill Insurance v Charlton: CA 2 Feb 2001
Taylor and another v Saycell: KBD 1950
The respondents had been convicted by the magistrates of using a vehicle without insurance. They were fined and disqualified from holding a licence for 12 months. The Crown Court quashed their fines and disqualifications and substituted conditional discharges. The prosecutor appealed by case stated. Held: The conditional discharges were quashed. There was no evidence upon … Continue reading Taylor and another v Saycell: KBD 1950
Dennis v Tame: QBD 1954
The defendant had been given a conditional discharge, which had the effect under section 12(2) of avoiding disqualification. The prosecutor appealed by case stated. Held: The conditional discharge was set aside. The Divisional Court had said more than once that conditional discharge provisions should not be used in order to avoid disqualification in cases where, … Continue reading Dennis v Tame: QBD 1954
Beresford v Royal Insurance Co Ltd: HL 1938
The forfeiture rule was to be applied in a case involving suicide. An insured may not recover under a policy of insurance in respect of loss intentionally caused by his own criminal or tortious act, however clearly the wording of the policy may suggest otherwise, and his personal representative is in no better position: ‘On … Continue reading Beresford v Royal Insurance Co Ltd: HL 1938
Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004
Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004
Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018
Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018
Bristol Alliance Ltd v Williams and Another: QBD 1 Jul 2011
The driver had crashed into the insured’s building causing substantial damage. The court was asked which of the driver’s and building’s insurers should bear the costs. The driver’s insurers said that he had acted deliberately and therefore they were not liable. Though they might even so be liable through the Motor Insurers Bureau, the provisions … Continue reading Bristol Alliance Ltd v Williams and Another: QBD 1 Jul 2011
May v Director of Public Prosecutions: Admn 15 Apr 2005
Whether the car park where the driving took place was a ‘public place’ within the meaning of section 3. Held: The appeal failed.Laws LJ set out the following propositions as accurately summarising the relevant legal principles: a. The burden of proving that a particular location is a ‘public place’ rests on the Crown to prove … Continue reading May v Director of Public Prosecutions: Admn 15 Apr 2005
Harrison v Hill: 1932
Mr Harrison was convicted by the Sheriff-substitute of an offence under section 7(4) of the 1930 Act on the ground that, while disqualified from holding a driving licence, he had driven a vehicle on a specific road. The Sheriff-substitute stated a case for appeal to the High Court. The facts admitted or proved included the … Continue reading Harrison v Hill: 1932
Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
Michael and Others v The Chief Constable of South Wales Police and Another: SC 28 Jan 2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
law index
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
